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;,��tild also reqtiire additioilal permits from tlle MDNR and MCV4'D atld that <br /> it �r��as our responsibility to determine if additional permits were required. For <br /> a great number of reasons I did not and still do not belie�-e any pennits <br /> should be required by anyone for us to do the work being done on June 23, <br /> 1998 or on No��. 30, 1998. Filling in an animal hole is a simple and <br /> reasonable thing for a property owner to do as routine maintenance. Our <br /> activities are not hurting the lake, floodplain, wildlife, neighbors, public, <br /> roadway, or anyone else. We have exercised great concern and consideration <br /> for the animals living in these holes and surrounding wildlife and plants as <br /> �ti-ell. Well beyond w-hat is required b}� any laws or codes. We did not rush <br /> into this or carelesslv undertake any action. We thought long alid hard over <br /> the best way to accomplish this and I really resent your statement in your <br /> Dec. 28, 1998 response that our actions were " extremely careless and <br /> clearly illegal." Our actions were not and it is very uncalled for and <br /> counterproductive to make such a charge. As I have explained, �ve waited <br /> iiiany� months after Qaiiiin� the permit to complete this �i-ork for a nlinlber of <br /> ��ery good reasons. We have been very patient, deliberate, careful, and <br /> cooperative about this whole endeavor in spite of numerous other factors <br /> that I �i�ill spare you the details of covering here. . <br /> Your Dec. 28, 1998 response claims the we were " dumpin� fill into Lake <br /> Minnetonka" and " se��eral feet out into the lake". I strongly disagree with <br /> this. I sho��ed ��oti on site on No��. 30, 1998 that we had carefiill�� limited tlie <br /> till to areas that clearlv had long had large and e�-tensive tree stumps and <br /> root svstems in place. And at no time filled any area that �.vas not clearly and <br /> `�isiblv a llole in solid ground or damaged land showing obvious evidence of <br /> ha�•ing been dry soil capable of stipporting land based plant grow�th over an <br /> eYtended period of time. <br /> V�e are not dealinQ with cypress or mangrove trees or anything similar <br /> which is capable of growillg in standing water. The trees and bushes in the <br /> filled and planned work area sprouted and grew to maturity, or at least a <br /> ��ery significant age, over a long period of time as demonstrated by the size, <br /> growth pattern, and position of the stumps and roots which are numerous <br /> and clearly visible. I do not believe lake bed or standing water are capable of <br /> grow�ing tliese land based plants for an extended period of time. I also do not <br /> believe that these plants would germinate and begin growth successfully <br /> under standing water as would have to have been the case if this was truely <br /> lake bed as you are apparently purporting in your response. You would not <br /> see ruots growing out into thin air as would have to be the case if these <br /> plants and roots were not fonnerly covered by soil. Without sunounding <br /> solid soil these large stumps would have had insufficient support to hold up <br /> P. � <br />